JUDGMENT :

J. Nisha Banu, N. Anand Venkatesh, JJ.

PRAYER: Appeal - filed under Section 96 of the Code of Civil Procedure, setting aside the order dated 15.04.2013 passed in I.A.No.165/2011 in O.S.No.40 of 2010 by District Court, Sivagangai with costs.

This appeal has been filed against the rejection of plaint ordered by the Court below under Order VII Rule 11 of CPC mainly on the ground that there was no cause of action for the plaintiff to maintain the suit.

2. The appellant/plaintiff filed the suit seeking for the relief of declaration to declare that the suit property is the property of the Trust and for a consequential direction to the defendant to reconvey the suit property to the plaintiff Trust and for permanent injunction directing the defendant or his men or agents not to encumber or alienate the suit property.

3. The plaintiff laid the suit mainly on the ground that the Trust called as Gomathy Trust was instituted by the plaintiff and his family members in the year 1984 and the property purchased by the plaintiff was brought in as a Trust property.

4. The responsibility for running the Trust was handed over to the Trustees and one of the Trustee in connivance with the defendant